Winfree v. Seaboard Air Line Railway Co.

The death of the plaintiff’s intestate occurred a few minutes after ten o’clock at night on 15 August, 1929. He was employed by the defendant as extra watchman at Johnson Street crossing in the city of Ealeigh and was charged with the duty of preventing persons and vehicles from going upon the defendant’s tracks when trains were approaching. His hours of service were between two in the afternoon and ten at night. He lived on Glenwood Avenue and at the time of his death was on his way home.

At and near the place of the accident the defendant has three parallel tracks: on the east is the…